Manohar vs Nambi
2022 Latest Caselaw 11353 Mad

                                                                                       Crl.R.C.No.671 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 28.06.2022

                                                           CORAM :

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                     Crl.R.C.No.671 of 2019

                Manohar                                               ... Petitioner

                                                             Versus

                Nambi                                                 ... Respondent

                Prayer : Criminal Revision Case filed under Section 397 and 401 of Cr.P.C.,to
                set aside the order of the Principal District and Sessions Court, Krishnagiri
                passed in C.A.No.80 of 2014, dated 01.03.2016, confirming the judgment of
                conviction, dated 13.10.2014 passed by the Fast Track Court, Judicial
                Magistrate, Hosur in S.T.C.No.272 of 2013 and consequently, acquit the
                petitioner of the charges under Section 138 of the negotiable Instruments Act.

                                   For Petitioner        : Mr.Sivamani
                                                    for Mr.M.Murali

                                                        ORDER

This Revision Case is filed, aggrieved by the conviction of the petitioner

for the offence under Section 138 of the Negotiable Instruments Act. In this

matter, already, on 12.07.2019 itself, this Court passed an order, accepting the

joint compromise memo filed by the petitioner which also formed a part of the

order. But, however, since, as per the joint compromise memo towards the

payment, the post dated cheques were issued, for the purpose of ensuring that

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Crl.R.C.No.671 of 2019

such post dated cheques to be cleared, the matter was adjourned.

2. Today, when the matter came up for hearing, the petitioner himself has

asserted that all the post dated cheques, given pursuant to the said joint memo

of compromise, are honoured and the amount has been duly paid to the

complainant.

3. In view of the joint memo of compromise, entered into between the

parties, whereby, the complainant has agreed to accept the said sum as full quit,

the Criminal Revision Case is disposed off on the following terms:-

(i) The conviction and sentence of the petitioner in S.T.C.No.272 of

2013, dated 13.10.2014, passed by the learned Judicial Magistrate, Fast Track

Court, Hosur, as confirmed by the Principal District and Sessions Court,

Krishnagiri in C.A.No.80 of 2014, dated 01.03.2016, is set aside;

(ii) The offence is treated as compounded.

28.06.2022 Index : yes/no Speaking order/Non-speaking order grs

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Crl.R.C.No.671 of 2019

To

1. The Principal District and Sessions Court, Krishnagiri.

2. The Judicial Magistrate, Fast Track Court, Hosur.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.671 of 2019

D.BHARATHA CHAKRAVARTHY. J., grs

Crl.R.C.No.671 of 2019

28.06.2022

https://www.mhc.tn.gov.in/judis